AGREEMENT TO SELL

This AGREEMENT TO SELL is made at Noida on this.day of,2011 between.S/W/D/o R/o.. ..(Hereinafter referred to as THE BUYER), which expression shall include his heirs, legal representatives, executors, administrators, nominee/s and permitted assigns, of the ONE PART. AND ..S/W/D/o R/o ..(Hereinafter referred to as THE SELLER), which expression shall, unless excluded by or repugnant to the subject or context, mean and include their heirs, legal representatives, executors, administrators, nominee/s and assigns of the SECOND PART.

WHEREAS the SELLER is the sole and exclusive rightful allottee of .. having a saleable area ofSq.Ft., Super Area(hereinafter referred to as the said Flat) and no one else besides the SELLER has any right, title or interest in the said allotment/Flat. Whereas the Seller was allotted the above mentioned flat by

(SELLER)

(BUYER)

 and the Allotment Letter dated: - ., Flat Buyer Agreement dated: ......... issued by in the Seller Name. Whereas the Seller booked the flat at the Rate of Rs.. (BSP) and Other Charges of Rs. The Seller has already made the payment of Rs . (Rupees.) to the said Developer . Balance remaining to be paid to the developer is Rs

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1.

That THE BUYER have agreed to purchase the rights of the allotment and SELLER has agreed to sell rights of allotment of the above mentioned Flat, for a Total Consideration of Rs.____________________ (Rupees ________________________________________________ only) (Deposit to the developer / Builder + Premium). At rate of Rs (BSP)

2.

The BUYER shall pay directly to the Company any construction-linked installments remaining unpaid , Service Tax and charges towards stamp duty for registration at the time of possession as per the prevailing rates or any other charges in terms of Flat Buyer Agreement in respect of the above flat.

3.

That the SELLER acknowledges to have received a sum of Rs. . , (Rupees.only) in ............................................................................................................................... upon signing of this agreement. The balance amount of Rs (Rupees .only) shall be paid by the BUYER to the aforesaid SELLER by Date:-

(SELLER)

(BUYER)

4.

In case, the 'BUYER' fails to get the Flat transferred by making the full and final payment of the said property to the 'SELLER' within the above specified period, the EARNEST MONEY amounting to Rs../- paid by them will be forfeited by the 'SELLER' and if SELLER fails to conclude the deal or backs out from the deal then hell be liable to pay Double Amount of Earnest Money.

5.

That the SELLER declares and assures the BUYER that he is the sole, exclusive and absolute Allottee of the said Flat and no one else besides the SELLER has any right, title, claim, interest or concern whatsoever with the said property and the SELLER has full right and absolute authority to transfer the title / sell the same to the BUYER. It is clearly understood between the parties that any other charges not mentioned above and demanded by the company in future shall be the sole responsibility of the BUYER and after the transfer/registration of rights in their by the _______________________ _______., the SELLER shall not have any liabilities in respect of the above flat.

6.

That the SELLER hereby declares and assures the BUYER that the said Flat is free from all sorts of encumbrances like, sale, litigation, Court injunctions, attachments, disputes, gifts, wills, exchange etc. on SELLER part and if it is ever proved otherwise, the SELLER shall be liable and responsible for the same.

7.

That the SELLER covenants and assures the BUYER that he has not entered into any agreement for sale regarding the said flat with anybody prior to this date and that this is the first agreement, which the SELLER has entered into relating to the said Flat with the BUYER. It is also undertaken that the SELLER will not enter into any other Agreement / commitment or transaction with any other person(s) in respect of the said property or act in any manner contrary to the terms of the said Flat Buyers Agreement which may adversely effect their interest in the said Flat and shall keep the BUYER indemnified in all respects against all loses and damages, if any, suffered by the BUYER.

8.

That the SELLER hereby further undertakes to execute and sign all such papers, documents etc. whatsoever regarding the transfer of the ownership of the said Flat at the request of the BUYER without any hesitation, demand and delay.

9.

That the BUYER are empowered to get the said Flat changed or substituted in their own name or in the name of their nominee in records of the aforesaid Company and get the Sale Deed in respect thereof in due course from the Company in their own name or in the name of any nominee(s) for which the SELLER shall have no objection.

(SELLER)

(BUYER)

10.

That the BUYER shall bear all the expenses of Deed of Conveyance, i.e., legal charges, cost of stamp duty and registration charges and such other levies, if any, which the Government may impose on the sale transaction.

11.

Any Interest / late payment charges due till .. will be borne by the Seller and after . Will be borne by the Buyer.

12.

Seller / Buyer agrees to pay % as .. for the Sale process.

brokerage

to

M/s

IN WITNESS WHEREOF, the said Parties hereto have signed this Agreement to Transfer on the date, month and year above written in the presence of the following witnesses:

WITNESSES: 1. SELLER

2.

BUYER

(SELLER)

(BUYER)